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TMI Blog2021 (12) TMI 947X X X X Extracts X X X X X X X X Extracts X X X X ..... cant/accused. Application dismissed. - Bail Application No. 2249/21 - - - Dated:- 11-11-2021 - ANIL ANTIL ADDL. SESSIONS JUDGE-04, PATIALA HOUSE COURTS Present : Sh. Krishan Kumar Maggu, learned counsel for the applicant/accused Chirag Goel. Sh. Harpreet Singh, learned Senior Standing Counsel for the Department. 1. The present application under Section 439 Cr.P.C has been filed on behalf of the applicant/accused Chirag Goel for grant of regular bail, which is listed for today. 2. The notice of the application was issued to the respondent/ Department and after appearance through their senior standing counsel, department choose to file reply to the bail application and accordingly a detailed reply to the same has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the applicant and seized certain documents which are not related to the present case ; that applicant was not allowed to leave and was beaten up and subjected to third degree torture and his clothes were removed to traumatize and terrorize in order to extract the illegal statement and signatures ; that applicant was in illegal custody, the whole exercise of the department in recording the statement of the applicant u/s 70 of the CGST Act, 2017 is incorrect. 8. Learned counsel further argued that applicant/accused is engaged in the business of general trading and exports only ; is not the mastermind and controller of the firms namely M/s Vibe Tradex, M/s Blue Water Expotrade India Pvt Ltd and M/s Prime Mark Exportrade Pvt Ltd, which ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng this period and no objection whatsoever was raised thereto. It is further submitted that the department has failed to comply with the mandatory provisions of Chapter XII of the Cr.P.C in toto, and also that department officials does not fall into the category of Police Officer and the investigation stated to be carried out by them is in contravention to the legal provisions. 12. It is further submitted that accused is in Judicial Custody for the last 40 days ; that mother and father are patients, suffering from old age ailments ; that he is the only son to look after them and there is no body in his family to take responsibility in the absence of the accused to provide them proper medicine, food and shelter etc. It is, thus prayed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15. Learned SPP for the department submitted that investigation was carried out with respect to M/s Vibe Tradex registered at Office No. 201, Utkarsh Tower, 3rd floor, Vijay Block, Laxmi Nagar Delhi and it was flagged as risky exporter in DGARM report no. 21 AG ; that consequent to its inspection carried out on 01.09.2021, it was found existent at the said address and Proprietor informed that prior to 18.08.2021, the said firm earlier registered at D-248, Ground Flor, Gali no.10, Laxmi Nagar, Metro Station, New Dlehi-92 and it was also found that M/s Tirupati Overseas M/s Transglobe Tradex Private Limited (TTPL) were their major suppliers. 16. It was further submitted that on the basis of GSTR returns filed by the suppliers viz M/s T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y have categorically denied having supplied any goods, as claimed by the applicant in terms of e-way bills. 19. During the course of arguments, the learned senior Standing counsel further traversed through the Chart in a table form in his reply at page no 13 to 16 to show the names of the 10 parties (company), its director to whom summons were issued for their appearance, on the particular date mentioned on it alongwith remarks and compliance report of summons and stated that the entire offence has been committed through a well planned conspiracy in connivance with above said fake firms. 20. Learned SPP further urged that despite repeated summons issued to the the said directors including the brother of the applicant Mr. Chaman Lal ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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